Friday, November 23, 2018

Marinwood's "Good Ole Boy" Government Contracts Violate the Law

Marinwood CSD Manager, Eric Dreikosen, asks the board for permission to replace a couple of heaters for the Marinwood Community Center. This item did not appear on the agenda as required by the Brown Act.  The project cost requires the Marinwood CSD to follow government contracting rules but apparently the contract is going to the same firm that has installed heating and air condition equipment throughout the center without COMPETITIVE BIDDING.  This is highly suspect.  Why has virtually all of the heating and air conditioning equipment been replaced within a five year period?  Who is this contractor and what is their relation to the CSD?  We need to know if we are getting competent help and fair pricing.  We cannot find ANY permits for ANY of the heating, air conditioning and electrical work done at the community center since 2005.  Marinwood CSD simply does not follow the law and needs to comply.

2009 California Public Contract Code - Section 10420-10426 :: Article 9. Remedies And Penalties

SECTION 10420-10426 

10420.  Every contract or other transaction entered in violation of
any provision of this chapter is void, unless the violation is
technical or nonsubstantive.

10421.  The state, or any person acting on behalf of the state, may
bring a civil action seeking a determination by the Superior Court
that a contract or other transaction has been entered in violation of
any provision of this chapter. If the court finds substantial
evidence of such a violation, it may issue a temporary injunction to
prevent any further dealings upon the contract or other transaction,
pending a final determination on the merits of the case. If the
action results in a final determination that the contract or other
transaction has been entered in violation of this chapter, it shall
be void, and the state or person bringing the action shall be awarded
costs and attorney's fees. This section shall not be construed to
permit an award of costs and attorney fees to the person or entity
contracting or otherwise transacting with the state.

10422.  Any officer or employee of the department who corruptly
performs any official act under this chapter to the injury of the
state is guilty of a felony.

10423.  Any person contracting with the state by oral or written
contract who corruptly permits the violation of any contract made
under this chapter is guilty of a felony.

10424.  Persons convicted under Section 10422 or 10423 are also
liable to the state for double the amount the state may have lost, or
be liable to lose by reason of the acts made crimes by this article.

10425.  Willful violation of any other provision of this chapter
shall constitute a misdemeanor.

10426.  (a) It shall be unlawful for a person to intentionally
disclose proprietary information obtained in the negotiation,
execution, or performance of a consulting services contract, as
defined in Section 10335.5, or an information technology contract, as
defined in Section 11702 of the Government Code, with a state agency
when the contracting party knew or should have known that the
disclosure was likely to cause harm.
   (b) A violation of this section shall be punishable as a
misdemeanor and may be prosecuted by the Attorney General or by a
local district attorney in the district in which the disclosure took
   (c) (1) For the purposes of this section "proprietary information"
shall include any information agreed by the contracting parties to
be proprietary or any information that is designated by a contracting
state agency to be proprietary. A contracting state agency shall
specifically identify in the contract any information that is
considered to be proprietary. The state agency shall make this
designation only in cases where the state agency has reason to
believe that the release of this information poses an immediate
threat to the health, safety, or welfare of the public or the state
agency has reason to believe that the contracting party intends to
sell the information. If the state agency makes a designation of
proprietary information subsequent to the execution of the contract,
the state agency shall make a good faith effort to amend the contract
to incorporate the subsequent designation of proprietary
information. A contracting state agency shall provide written
notification to a contracting party of any information that,
subsequent to the execution of the contract, is identified to be
proprietary. A contracting party is not in violation of this section
if that party discloses information prior to the receipt of the
written notification.
   (2) Any information that is required to be released or disclosed
by a contracting party pursuant to a legal requirement, including an
order of a court or regulatory agency, shall not be considered a
violation of this section.

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